One of the most common questions we hear during estate planning consultations is simple: do I need a will, or do I need a trust? The honest answer is that it depends on your goals, your assets, and your family situation.
A last will and testament is a foundational document that directs how your assets are distributed after your death and names guardians for minor children. Wills go through probate, a court-supervised process that validates the will and oversees distribution.
A revocable living trust, by contrast, allows assets placed in the trust to pass to your beneficiaries without going through probate, which can save time, reduce costs, and keep your affairs private. Trusts are often recommended for people who own real estate in multiple states, have complex family situations, or simply want to avoid the probate process for their loved ones.
In many cases, the right answer is a combination: a pour-over will alongside a revocable trust, plus supporting documents like a power of attorney and health care proxy. The best way to know for certain is a consultation where we review your specific assets and goals.